In his answer as to how long organ harvesting is delayed in reference to the legal death of the patient, and whatnot, Cecil mentioned that even if the patiend has signed an organ donor card, the people who procure the organs won’t go ahead until they’ve got the o-kay from the immediate family. This jives with stories I’ve heard about people wanting to be organ donors, but having their decision vetoed by their parents or spouses while they (the patients) were either dead, or at death’s door. How is this legal? I mean, if the patient is of legal age, and has signed an organ donor card previous to the accident, or whatever left him/her in that state, how can anyone else legally deny that? Any answers, comments?
“How do you know that my dimwitted inexperience isn’t merely a subtle form of manipulation used to lower peoples’ expectations, thereby enhancing my ability to effectively manuver within any given situation?”
Dewey—“Scream 2”
Well, a potential donor cannot mandate that her organs be used; there are all sorts of possibilities for them being unsuable. So, legally, someone can only permit her organs to be harvested.
As for next of kin protesting the donation, I doubt if they would be found to have the legal right…after the trial, and the appeal, and the appeal of the appeal…and the expense of all that…and the pogroms against organ transplant workers caused by “60 Minutes” and “Inside Edition” interviewing the tearful relatives who just wanted Billy to be buried with dignity, and the furious relatives who are sure that the hospital murdered Susie so that they could get their hands on an AB- liver. The hospitals probably – and quite rightly – feel that they don’t want to deal with all that.
“I don’t just want you to feel envy. I want you to suffer, I want you to bleed, I want you to die a little bit each day. And I want you to thank me for it.” – What “Let’s just be friends” really means
I looked at the site referenced by Jois, and cannot comprehend what the story there has to do with the issue raised in the OP. Harvesting organs from children without the permission of parents is not the same as relatives refusing to allow the harvesting of organs from adults who made a conscious decision while alive to permit a harvest.
No one who has read the future-history books of Larry Niven (among others) can be unaware of the potential for manipulation of the law regarding organ ‘donation’. However, if nothing else belongs to me, the individual, then at least my body should. If I make the decision to permit my organs to be used to help others, then there is no good reason why the sensitivities of others who claim some interest in the matter should over-rule my own wishes.
Cecil’s notation that the facility doing a harvest waits for ‘permission’ probably has more to do with avoiding potential lawsuits than with any true ‘power’ on the part of relatives to block a harvest. However, the fact that such lawsuits are perceived as potentially viable means that the ‘power’ actually exists, even if not codified. The solution, as usual, is to render such concerns irrelevant by disallowing such suits; whether the courts or the legislatures of the various states will have the fortitude to do so is questionable.
Hi! The kindest of wishes and best of hopes are so easily corrupted. --Children’s Hearts-- It’s a reminder so when you think this project, concept, idea (regardless of what it is) could never be abused.
We are a very strange species!
Are you driving with your eyes open or are you using The Force? - A. Foley